Plain-English explanation.
Pumping violations often involve denied breaks, no private space, hostility, schedule pressure, or discipline after requests. The strongest analysis usually starts before the legal label. It starts with the timeline, the documents, the people involved, and the consequences. GB Law looks for the facts that show what changed, who made the decision, and whether the record supports the stated reason.
For clients, these matters can affect income, references, discipline, certification, professional standing, and future work. The goal is not to overstate a claim. The goal is to understand whether the facts support a serious legal strategy and whether the matter is a fit for direct attorney attention.
Does this sound familiar?
- Your employer told you there was no available space and you would have to pump in a bathroom.
- Break time for pumping was denied or counted as unauthorized absence.
- You were required to make up pumping time at the end of the day.
- Your supervisor or HR commented on the frequency or duration of your pumping.
- Coworkers were told about your pumping schedule without your consent.
- Discipline or termination followed your request to pump.
- You returned to find your hours, role, or shift changed after asserting these rights.
What the law may protect.
The PUMP Act amended the FLSA to require reasonable break time and a non-bathroom private space for nursing employees for one year after birth, with some exceptions for very small employers and limited categories of employees. The Illinois Nursing Mothers in the Workplace Act provides parallel state protections. Retaliation for asserting these rights is also prohibited. Remedies can include unpaid wages, liquidated damages, reinstatement, and attorney fees.
Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.
What evidence should you save?
- Your written request for pumping accommodations.
- Documentation of the space, or lack of space, provided.
- Time records and schedule documents.
- Communications with HR or supervisors about the request.
- Comparator evidence about breaks taken by other employees.
- Any discipline tied to pumping breaks.
- Witness names from coworkers who observed the treatment.
Deadlines to know.
PUMP Act claims under the FLSA have a two-year statute of limitations (three for willful violations). Related Title VII or Illinois Human Rights Act claims have a 300-day administrative deadline. Workers can also file complaints with the Department of Labor Wage and Hour Division.
Questions people ask.
Does the PUMP Act apply to salaried workers?
Yes. The PUMP Act extended FLSA pumping protections to most exempt employees who had previously been excluded.
Does the break time have to be paid?
Unpaid by default under the FLSA, but if the employer pays other employees for breaks of similar length, the pumping break must be paid on the same terms.
What is a private space?
A functional space that is shielded from view, free from intrusion, and not a bathroom. It does not have to be permanent.
Can I sue directly or do I have to file with an agency first?
The FLSA allows direct lawsuits without an agency filing. The Illinois statute is enforced through the Department of Labor and can also support private action.